Kerala High Court
Panchavarnnan vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 2328 OF 2022
Crime No.105/2022 of Devikulam Police Station, a
PETITIONER/ACCUSED NOS.1 & 2:
1 PANCHAVARNNAN, AGED 54 YEARS
K.D.H VILLAGE, IDUKKI DISTRICT, PIN - 685620.
2 MARIYAMMA, AGED 54 YEARS
K.D.H VILLAGE, IDUKKI DISTRICT, PIN - 685620.
BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN
ARCHANA MITHRAN O.K.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
OTHER PRESENT:
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2328 OF 2022
2
VIJU ABRAHAM, J
BA No. 2328 of 2022
st
Dated this the 21 day of December, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioners are accused 1 and 2 in Crime
No.105/2022 of Devikulam Police Station, alleging commission
of offences punishable under Sections 294(b), 506 (ii), 324, 323
and 34 Indian Penal Code, 1860.
th
3. The prosecution allegation is that, on 24 day of
February 2022, at about 05.30 pm first accused abuse with
obscene words and brandished a bill-hook against the defacto
complainant and thereby the defacto complainant sustained
minor injuries on his left hand wrist and the upper portion of
left ear. The daughter of the defacto complainant has also
sustained minor injuries on her fingers. The second accused
blowed on the stomach of the defacto complainant with a stick
and thereby the accused have committed the aforesaid
offences.
BAIL APPL. NO. 2328 OF 2022
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
they have been falsely implicated in the aforesaid crime and
further submitted that they have no other criminal antecedents.
6. The learned Public Prosecutor upon instructions
submitted that the defacto complainant sustained injuries in the
alleged incident and further that the petitioners have no other
criminal antecedents.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioners have no other criminal antecedents, I am of
the opinion that custodial interrogation of the petitioners may
not be required for the purpose of the investigation and only a
limited custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioners.
In the result, this application is allowed. Petitioners shall
surrender before the investigating officer in Crime No.105/2022
of Devikulam Police Station, on 27.12.2022 at 11 am and make
themselves available for interrogation. The petitioners shall co-
BAIL APPL. NO. 2328 OF 2022
operate with the investigation. It is directed that in the event of
arrest of the petitioners in Crime No.105/2022 of Devikulam
Police Station, they shall be produced before the Jurisdictional
Court on the same day and shall be released on bail subject
to the following conditions:-
(i) The petitioners shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) each with two solvent sureties each for
the likesum to the satisfaction of the
Jurisdictional Court,
(ii) The petitioners shall appear before the
investigating officer in Crime No.105/2022 of
Devikulam Police Station, on every Saturday
at 11.00 am until filing of the final report,
(iii) The petitioners shall report to the
investigating officer as and when required for
the investigation'
(iv) The petitioners shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
BAIL APPL. NO. 2328 OF 2022
intimidate any witness in Crime No.105/2022
of Devikulam Police Station,
(v) The petitioners shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.105/2022 of Devikulam Police
Station, a may file an application before the jurisdictional
Court, for cancellation of bail.
It is made clear that it is within the power of the police
to investigate the matter and if necessary to effect recoveries
on the information if any given by any of the petitioners even
when the petitioners are on bail as per the judgment of the
Apex Court in Sushila Aggarwal and others v. State (NCT of
Delhi) and another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
